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Resolution 1891 (2012) Final version
The situation of human rights defenders in Council of Europe member States
1. The Parliamentary Assembly pays
tribute to human rights defenders, whose dedicated and selfless
work is highly appreciated. Regrettably, in some member States of
the Council of Europe, they risk their own personal security, especially
when they champion sensitive issues such as fighting the impunity
of public officials for serious crimes, including murder, torture
and corruption, or promoting the rights of oppressed minority groups.
2. The Assembly welcomes the fact that, in most member States,
human rights defenders are able to work unimpeded and enjoy the
protection of the law.
3. It strongly condemns all attacks on human rights defenders
that have nevertheless occurred, irrespective of whether they were
carried out by public officials or others. It deplores the fact
that some of the most serious attacks on human rights defenders
in some countries, including murders, abductions and torture, have
still not been properly investigated.
4. The Assembly recalls its Resolution 1660 (2009) on the situation
of human rights defenders in Council of Europe member states and
the Committee of Ministers’ Declaration on Council of Europe Action
to Improve the Protection of Human Rights Defenders and Promote
their Activities, of 6 February 2008. It recalls that the responsibility
for promoting and protecting human rights defenders lies first and
foremost with States.
5. The Assembly therefore calls on the member States of the Council
of Europe to:
5.1. ensure full observance
of the human rights and fundamental freedoms of human rights defenders,
as guaranteed by the European Convention on Human Rights (ETS No.
5);
5.2. put an end to any administrative, fiscal or judicial harassment
of human rights defenders and ensure, in all circumstances, that
they are able to carry out their activities in accordance with international
human rights standards and relevant national legislation;
5.3. facilitate the visa issuing process for human rights defenders
during periods of intense disturbances and extreme violence in their
country of residence;
5.4. create an enabling environment for their work, including
appropriate infrastructures and assistance programmes for defenders
at risk;
5.5. comply with international instruments concerning human
rights defenders, especially the United Nations Declaration on the
Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms and the Declaration on Council of Europe Action to Improve
the Protection of Human Rights Defenders and Promote their Activities;
5.6. put an end to the impunity of perpetrators of violations
against human rights defenders, in line with the Guidelines of the
Committee of Ministers on eradicating impunity for serious human
rights violations, adopted on 30 March 2011;
5.7. stop accusing human rights defenders of being extremists
or agents of foreign powers unless compelling evidence to this effect
exists;
5.8. encourage and support the development of vibrant civil
societies and demonstrate public recognition for the work of human
rights defenders.
6. The Assembly calls on national parliaments and their members
to ensure that:
6.1. legislation
relating to human rights defenders and their work is in conformity
with international standards, and they refrain from adopting laws
imposing undue restrictions and administrative burdens on human
rights defenders, or, if appropriate, repeal such laws;
6.2. human rights NGOs and defenders are involved in the process
of drafting legislation concerning them through proper public consultations.
7. The Assembly recognises the crucial role played by the Council
of Europe Commissioner for Human Rights in protecting and supporting
human rights defenders and reiterates its willingness to pursue
its co-operation with him.